IIAN's top issue for the two-year legislative session is LB 276, introduced by Business & Labor Committee Chairman Burke Harr of Omaha at IIAN's request, to address the growing problem of independent contractors who do not insure themselves for workers compensation.
After several weeks of negotiation on a final committee amendment, and grassroots support by IIAN members, on April 9 the Unicameral Business & Labor Committee voted unanimously to advance the bill to General File (ready for first-round consideration by the full legislature), with a compromise limiting the bill to construction work.
Other provisions in the committee amendment:
- Certification would be regulated by the Nebraska Workers' Compensation Court
- 11 points for the administrator of the Court to consider for determination of whether an applicant is qualified to be certified
- An appeal procedure for applications which are denied
- Original certification will be in effect for two years; renewal application must be filed
- Certification may be revoked during term by independent contractor or Court administrator. Names grounds for revocation.
- Any person who provides false information on an application, and any person who requires an employee to provide false information, is guilty of a Class IV misdemeanor
- A certified independent contractor may elect to be covered under the Workers' Compensation Act at any time (automatically terminates certification)
- Failure to apply or denial/revocation of certification will not create a presumption that the applicant is an "employee" for purposes of the Workers' Compensation Act
This is a big step forward for LB 276, but since it is not a "Priority" bill, it will most likely be carried over to the 2016 Unicameral session; in the interim IIAN will work with senators and stakeholders on possible improvements. Thanks to Senator Harr and all of the senators on the Business & Labor Committee, along with IIAN members who answered the call for grassroots support.
|